Important High Court Judgment on PPG
Mrs Justice Lieven has handed down judgement in R (Solo Retail) v Torridge DC  489 (Admin)
The Claimant operates a large out of town retail outlet. It judicially reviewed the grant of planning permission for a 32,500sqft rival retail outlet, B&M Stores, in a neighbouring location.
The claim was brought on the on the basis that the developer's retail impact assessment ("RIA") had failed properly to assess the convenience element of the proposed new store, and that the Council had failed properly to condition that element of the scheme. In particular, the Claimant relied on the fact that the emerging local development plan, which had been examined and found sound but not adopted, required a retail impact assessment of development in excess of 250sqm to support the submission that the developer had been required to carry out a "full RIA" of the 314sqm convenience element of the scheme.